Immigration Department Arrests 24 in Anti-Illegal Worker Operations Across Hong Kong

36 persons arrested during anti-illegal worker operations

The Immigration Department (ImmD) mounted a series of territory-wide anti-illegal worker operations including joint operations with the Hong Kong Police Force codenamed "Champion", a joint operation with the Food and Environmental Hygiene Department and the Leisure and Cultural Services Department codenamed "Flabbergast" and joint operations with the Hong Kong Police Force and the Hong Kong Customs from February 6 to yesterday (February 15). A total of 24 suspected illegal workers, nine suspected employers and three suspected aiders and abettors were arrested.

During the anti-illegal worker operations at various Lunar New Year fairs, ImmD officers raided multiple stalls at the events. Twelve suspected illegal workers and six suspected employers were arrested. The arrested suspected illegal workers comprised four men and eight women, aged 18 to 52. They were found selling goods at the stalls. Two men and four women, aged 33 to 49, were suspected of employing the illegal workers. Apart from mounting enforcement operations, ImmD deployed a promotional vehicle and ImmD officers to distribute "Don't Employ Illegal Workers" leaflets and convey the message to Lunar New Year fair stall owners and other retailers across the territory.

During other anti-illegal worker operations, ImmD officers raided multiple target locations including restaurants, retail stores and garages etc. Twelve suspected illegal workers were arrested. The arrested suspected illegal workers comprised three men and nine women, aged 20 to 54. Among them, two men and two women were holding recognisance forms which prohibit them from taking any employment, with one woman also being suspected of using and being in possession of a forged Hong Kong identity card. The arrested suspected illegal workers were found performing dishwashing, garage mechanic and goods loading duties. Two men and one woman, aged 35 to 65, were suspected of employing the illegal workers and were also arrested. Furthermore, the suspected aiders and abettors arrested were three men aged 42 to 45. An investigation into the suspected employers is ongoing, and the possibility of further arrests is not ruled out.

An ImmD spokesman said, "Any person who contravenes a condition of stay in force in respect of him or her shall be guilty of an offence. Also, visitors are not allowed to take employment in Hong Kong, whether paid or unpaid, without the permission of the Director of Immigration. Offenders are liable to prosecution and upon conviction face a maximum fine of $50,000 and up to two years' imprisonment. Aiders and abettors are also liable to prosecution and penalties."

The spokesman warned, "As stipulated in section 38AA of the Immigration Ordinance, an illegal immigrant, a person who is the subject of a removal order or a deportation order, an overstayer or a person who was refused permission to land is prohibited from taking any employment, whether paid or unpaid, or establishing or joining any business. Offenders are liable upon conviction to a maximum fine of $50,000 and up to three years' imprisonment. As stipulated in section 20(1)(a) of the Immigration Ordinance, the Chief Executive may make a deportation order against an immigrant, prohibiting the immigrant from being in Hong Kong at any time thereafter if the immigrant has been found guilty in Hong Kong of an offence punishable by imprisonment for not less than two years. Under the prevailing laws, it is an offence to use or possess a forged identity card or a identity card related to another person. Offenders are liable to prosecution and upon conviction face a maximum fine of $100,000 and up to 10 years' imprisonment."

The spokesman stressed that it is a serious offence to employ people who are not lawfully employable. Under the Immigration Ordinance, the maximum penalty for an employer employing a person who is not lawfully employable, i.e. an illegal immigrant, a person who is the subject of a removal order or a deportation order, an overstayer or a person who was refused permission to land, has been significantly increased from a fine of $350,000 and three years' imprisonment to a fine of $500,000 and 10 years' imprisonment to reflect the gravity of such offences. The director, manager, secretary, partner, etc, of the company concerned may also bear criminal liability. The High Court has laid down sentencing guidelines that the employer of an illegal worker should be given an immediate custodial sentence.

According to the court sentencing, employers must take all practicable steps to determine whether a person is lawfully employable prior to employment. Apart from inspecting a prospective employee's identity card, the employer has the explicit duty to make enquiries regarding the person and ensure that the answers would not cast any reasonable doubt concerning the lawful employability of the person. The court will not accept failure to do so as a defence in proceedings. It is also an offence if an employer fails to inspect the job seeker's valid travel document if the job seeker does not have a Hong Kong permanent identity card. Offenders are liable upon conviction to a maximum fine of $150,000 and to imprisonment for one year. In that connection, the spokesman would like to remind all employers not to defy the law by employing illegal workers. The ImmD will continue to take resolute enforcement action to combat such offences.

Under the existing mechanism, the ImmD will, as a standard procedure, conduct an initial screening of vulnerable persons, including illegal workers, illegal immigrants, sex workers and foreign domestic helpers, who are arrested during any operation with a view to ascertaining whether they are trafficking in persons (TIP) and/or forced labour victims. When any TIP and/or forced labour indicator is revealed in the initial screening, the ImmD officers will conduct a full debriefing and identification by using a standardised checklist to ascertain the presence of TIP and/or forced labour elements. Identified TIP and/or forced labour victims will be provided with various forms of support and assistance, including urgent intervention, medical services, counselling, shelter or temporary accommodation and other supporting services. The ImmD calls on TIP and/or forced labour victims to report crimes to the relevant departments immediately.

For reporting illegal employment activities, please call the dedicated hotline 3861 5000, by fax at 2824 1166, email to anti_crime@immd.gov.hk, or submit "Online Reporting of Immigration Offences" form at www.immd.gov.hk.

36 persons arrested during anti-illegal worker operations Source: HKSAR Government Press Releases

36 persons arrested during anti-illegal worker operations Source: HKSAR Government Press Releases

36 persons arrested during anti-illegal worker operations Source: HKSAR Government Press Releases

36 persons arrested during anti-illegal worker operations Source: HKSAR Government Press Releases

DH steps up inspections to premises offering RGA hair growth or platelet-rich plasma services to safeguard public health

In light of the recent investigation by the Department of Health (DH) that some shops are suspected of performing Regenera Activa hair growth (an autologous cell transplant medical procedure, referred as RGA) or platelet-rich plasma injections, contravening the Private Healthcare Facilities Ordinance (Cap. 633) (the Ordinance) which prohibits operating a day procedure centre (DPC) without a licence, the DH today (February 16) visited over 30 shops in Hong Kong which claimed to offer similar services in their websites and conducted investigations if the shops involved illegal acts of operating a DPC without a licence to safeguard public health.

During the operation, no RGA or platelet-rich plasma medical procedures were found to be conducted at the shops. Some of the shops would arrange customers to undergo the relevant medical procedures at licensed DPCs. Nevertheless, the DH has reminded the responsible persons of the shops that, according to the Ordinance, transplantation of any cells, tissues or organs, including autograft, allograft, xenograft, processed tissue or blood products (such as platelet-rich plasma) and skin flap, are scheduled medical procedures stipulated in the Ordinance. Such procedures, when performed in an ambulatory setting, must take place in a licensed DPC. The DH has also issued a letter to remind all registered doctors and dentists of the abovementioned legal requirements. Any person operating a DPC without a licence commits an offence and is liable on conviction to a fine of $100,000 and imprisonment for three years.

The DH announced last week that a shop in Mongkok offering RGA hair growth services and platelet-rich plasma injections was suspected of operating a DPC without a licence, the relevant investigation and evidence collection are still ongoing. The DH will seriously follow up on the case, and take appropriate actions against the shop and its responsible persons in accordance with the relevant ordinances.

The DH reminded doctors that before performing RGA, platelet-rich plasma injection or other scheduled medical procedures stipulated in the Ordinance, they must verify that the premises holds a suitable licence, so as to ensure the best interests of patients and adhere to the Code of Professional Conduct.

Meanwhile, the DH urged the public that before receiving RGA or platelet-rich plasma injection or other scheduled medical procedures stipulated in the Ordinance, they should find out if the premises providing the services had obtained a DPC licence in accordance with the Ordinance. To assist the public in identifying licensed or exempted facilities, the DH has established thePrivate Healthcare Facilities Register, which lists all private healthcare facilities with valid licences and exemptions. DPCs must display their licence in a conspicuous place. Each licence bears a QR code that can be scanned using the eHealth app to verify its validity. For more information, please visit the DH's Office for Regulation of Private Healthcare Facilitieswebpage.

DH steps up inspections to premises offering RGA hair growth or platelet-rich plasma services to safeguard public health Source: HKSAR Government Press Releases